Administrative Constitutionalism as Popular Constitutionalism
In: University of Pennsylvania Law Review, Band 167, Heft 1783
In: University of Pennsylvania Law Review, Band 167, Heft 1783
SSRN
Blog: Verfassungsblog
In 2010, Kenyans adopted a new constitution that was meant to limit the power of the presidency and entrench the culture of constitutionalism. However, the past 13 years have shown that 'the forces of authoritarianism appear to have regrouped and are staging a comeback'. These attempts have been met with resistance from Kenyan citizens, who have shown that they are willing to defend their constitution. One example of this resistance is the BBI case, in which the High Court struck down a constitutional amendment bill that would have given the president more power. This week, the High Court issued another spectacular ruling in which presidential power is further curtailed.
In: Helena Alvar Garcia and Gunter Frankenberg, "Authoritarian constitutionalism: analysis and critique" (Forthcoming)
SSRN
SSRN
In: Oxford Research Encyclopedia of Politics
"Constitutionalism" published on by Oxford University Press.
In: Godden , A & Morison , J 2018 , Constitutionalism . in R Grote , R Wolfrum & F Lachenmann (eds) , Max Planck Encyclopedia of Comparative Constitutional Law : Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law. ed. / Rainer Grote; Frauke Lachenmann, ; Rüdiger Wolfrum. Oxford University Press, . Oxford University Press .
The idea of constitutionalism—like the ideas of state, government, democracy, power, and law to which it is very closely related—goes right to the heart of some of the very biggest questions about how we can live together. Where individuals coexist in any social group—a family, tribe, or nation state, or as citizens in a wider global order—there are all sorts of issues about the terms on which they come together and stay together, how rules are made to keep order within the group, and how the group will react to outsiders and adapt to change. There are also issues over how order is maintained, and how disputes over the application of rules are dealt with. In addition, there are questions about how individual and group aspirations are reflected in the arrangements for living together, and whether and how those who take different views are to be protected from domination by more powerful groups—whether these be simply the majority or those who exercise most power in reality.
BASE
In: Encyclopedia of the Philosophy of Law and Social Philosophy, M. Sellers, et al., eds., 2020
SSRN
Working paper
In: INTERNATIONAL ENCYCLOPEDIA OF POLITICAL SCIENCE, B. Badie, D. Berg-Schlosser and L. Morlino, eds., IPSA/Sage, Forthcoming
SSRN
In: The Blackwell Guide to the Philosophy of Law and Legal Theory, S. 248-258
In: Politics: Australasian Political Studies Association journal, Band 16, Heft 2, S. 208-222
In: Contemporary Debates in Political Philosophy, S. 283-299
In: Understanding Democratic Politics: An Introduction, S. 12-21
SSRN
SSRN
In: Studies in law, politics, and society, Band 44, S. 73-105